Larimer County Sheriff Justin Smith is worried a proposal that would allow law enforcement to seize firearms from people with mental health problems could actually make matters worse.

“Improving mental health services is a better way to handle this,” Smith told the Larimer County Commissioners on Tuesday before the elected board voted 3-0 to send a letter to legislators outlining concerns with the proposed “red flag” gun bill. Both Smith and Tom Donnelly, chair of the board, signed the letter.

Legislators are considering House Bill 19-117, a measure that creates a process for seizing firearms from people who are deemed to be a danger to themselves or others. During that process, which includes committee discussion Friday, Larimer County officials hope senators and representatives may make changes to the bill as proposed.

“Hopefully, (the letter) might motivate folks to come up with some changes to the legislation that might address these concerns,” said Commissioner John Kefalas, the only Democrat on the Larimer County board.

Both Smith and the letter outlined several concerns about the bill as written, everything from the constitutionality of seizing property without a crime to the possibility that, in some cases, seizing firearms could worsen the situation.

“The way this bill is drafted, it will oftentimes escalate, rather than de-escalate volatile situations,” the letter states. “We do not want to see a law implemented that increases the chances of police agencies getting into shootouts with citizens who have committed no crimes. This bill makes that a very real possibility.”

It also states, “Over the last few decades, we come to recognize that we need to be more, not less judicious in how we use force in encounters with those suffering mental health issues. This bill represents a 180-degree reversal of those ideas which are showing favorable outcomes.”

Smith said it is not safe to send one officer to the door in a situation involving risk and weapons, but sending a full-on tactical unit could escalate the situation into something much worse. Plus, he said, if officers take guns from someone who is suffering from mental health issues, it could leave them with more “angst and frustration” and lead to a violent end.

“It’s a powder keg, it’s worse when we leave,” said Smith, later adding, “I think we have to focus on getting help for those individuals.”

Other concerns expressed by Smith and the letter include:

• Whether it is constitutional to seize weapons when no crime has been committed, how due process would work in these situations along with concerns surrounding both the Fourth and 14th amendments.

• How and where the weapons will be held and at what cost, as well as who will bear that cost and liability for any damages to property that could occur.

• How to handle very real situations, such as if a family member also owns the firearm and could take possession or if a resident has the firearms locked in a gun safe and will not give up the combination. Do officers take an entire gun safe or blow it open if the resident refuses to give a combination? Smith asked.

The letter and Smith’s presentation Tuesday stressed the need to focus on mental health treatment, ensuring that people are actually treated instead of just released without treatment. Smith brought up a real, recent example of a woman who showed up at the sheriff’s office with a gun, concerned people were out to get her. Deputies placed her on a mental health hold, but she was released — and back at the county jail with her weapon — a few hours later.

“That system is broken,” the letter states. ” This is where we should concentrate our efforts to really improve public safety.”

Pamela Johnson is an award-winning journalist with two decades invested in the community of Loveland. She covers education, county government, environmental issues, outdoor recreation and whatever else she finds along the way.